(44c) Five Keys to Successfully Working with Attorneys during Complex investigations of Large-Consequence Incidents

Investigations of Large-Consequence Incidents

Vernon H. Guthrie

Lee N. Vanden Heuvel

Julie Ott, S.E., P.E., SECB

Charles M. Vergara

Ben F. Harrison IV, P.E.

Abstract

Incidents with severe consequences, such as significant losses of containment, large fires, damaging explosions, and life threatening and/or fatal incidents, usually draw the attention of outside parties such as regulators and the public. Even though these incidents are infrequent, it is critical to the long-term recovery of any organization that it is prepared to work with internal/external legal counsel to perform an effective and efficient investigation. These investigations must develop appropriate recommendations and address any legal concerns that accompany large consequence incidents. They often require many months of effort by a diverse team, including company personnel familiar with the units and technology involved in the incident, subject matter experts in complex investigations and root cause analysis techniques, and legal oversight.

This paper focuses on the following five sequential keys to success of these complex investigations: (1) Initiating – Understanding the situation, (2) Scoping – Defining the breadth and depth of the investigation, (3) Structuring – Establishing a clear investigation team charter, (4) Managing – Pursuing efficiency in achieving sufficiency, and (5) Applying – Applying the results to meet the organization needs. The presentation examines each of these five sequential keys to success in detail and shares the authors’ years of experience facing the challenges and providing solutions for each.